Former SC judge Justice Madan B. Lokur has revealed that the government repeatedly pressured the Collegium to transfer Justice S. Muralidhar after a judgment displeased the Executive. His disclosure reignites concerns over judicial independence and misuse of transfers.
In a major disclosure that has once again raised doubts about judicial independence in India, former Supreme Court judge Justice Madan B. Lokur has revealed that the Union Government repeatedly tried to pressurise the Supreme Court Collegium to transfer Justice S. Muralidhar out of the Delhi High Court.
According to him, the government was upset with a judgment delivered by Justice Muralidhar and wanted him shifted as punishment.
The revelation comes through Justice Lokur’s essay published in the recently released book “[In]Complete Justice? Supreme Court at 75”.
In his essay, he explains how during his time as a member of the Collegium, the government made several attempts to push for Justice Muralidhar’s transfer. Justice Lokur strongly objected, saying that no transfer should ever be based on the Executive’s dislike of a judgment.
He wrote:
“On one occasion, I got the distinct impression that the CJI was advised by the Executive to effect a transfer—that of Muralidhar J. out of Delhi HC for a judgment he had delivered. In my view, that certainly cannot be a ground for transfer; and so, I expressed my disagreement with the proposal, and the CJI readily accepted my view.”
Justice Lokur retired in December 2018. But he says that after his retirement, the issue of Justice Muralidhar’s transfer was raised again. At that time, Justice A.K. Sikri, who replaced him in the Collegium, also opposed the demand and did not agree to such a move.
Later, in March 2019, Justice Sikri too retired. After his exit, the matter was pushed once more. This time, without the same level of opposition, the transfer proposal went ahead.
As Justice Lokur explains:
“It appears that after my retirement from the Supreme Court of India, the transfer issue was raised again. But the new entrant to the Collegium, Sikri J., held the same view, and he too opposed the proposed transfer. After the retirement of Sikri J., Muralidhar J. was arbitrarily transferred out of the Delhi HC to the Punjab and Haryana HC.”
Justice Muralidhar was formally transferred in February 2020. The notification came on the same day, just hours after he passed a strong judgment against the Delhi Police for not filing FIRs against political leaders accused of delivering inflammatory speeches before the Delhi riots. The sudden transfer led to widespread outrage.
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Many lawyers, bar associations, and civil society groups condemned the decision. The Delhi High Court Bar Association even passed resolutions criticising the manner in which the transfer was done. For many, it appeared as though Justice Muralidhar was being punished for being outspoken and independent.
Justice Lokur’s essay also draws attention to a bigger issue—the lack of transparency in the Collegium system. He suggests that the Executive has tried to interfere in judicial transfers, something that should never happen. His account shows how the outcome of such cases often depends on who is in the Collegium at a particular time and how retirements and new appointments change the balance of views.
Justice S. Muralidhar is widely known as one of the most independent judges of recent times. Throughout his career, he has delivered strong judgments protecting civil liberties, minority rights, and accountability of state authorities.
His fearless rulings, including his orders during the Delhi riots and earlier judgments on fundamental rights, earned him a reputation for standing firm against political pressure.
Recently, retired Supreme Court judge Justice Abhay S. Oka also reflected on Justice Muralidhar’s career. He said that Justice Muralidhar may have “faced consequences for his bold orders” in connection with the Delhi riots case.
Together, these revelations by Justice Lokur and the remarks by Justice Oka have reopened the debate about whether judicial transfers in India are being misused. The concern is that instead of being an administrative process, transfers are sometimes used to control judges who do not bow down to the government.
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